Sujit Narayan Prasad, J. - (1.) The inquiry conducted, as contained in Annexure-22, by Assistant Labour Commissioner (Central) Dhanbad-II and order dated 21.11.2018 issued under the signature of G.M. (RED), SAIL (Steel Authority of India Limited) whereby and whereunder direction has been issued upon the petitioner to give payment to the workmen of M/s Chanda Refractory Works in presence of Labour Officer, Engineer in charge, failing which the Bokaro Steel Limited (BSL) subsidiary of the BSL shall be compelled to recover Rs.47,55,816/86P and all outstanding dues of BSL or, if required elsewhere in cell.
(2.) Learned counsel for the petitioner in the midst of the arguments submits that he has not been heard so far as the claim of 80 (eighty) workers who have been supplied by the Respondent No.8 rather he has been noticed only on a complaint made by five workers who have been supplied by the Respondent No.8. Upon such notice, he has put his appearance before the Deputy Labour Chief Commissioner (Central) Dhanbad and therefore, it cannot be said to be providing adequate and sufficient opportunity since he is denying the claim of the eighty workers. Thereafter, the enquiry was conducted by the Chief Labour Commissioner Dhanbad, which pertains to only five workers. The liability of eighty workers cannot be casted upon the petitioner- unit without adequate hearing.
(3.) Learned counsel for the respondent has submitted by referring to the provision of Section 2(b) and Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 that the fact about the supply of Workers through Respondent No.8 in favour of the petitioner since dispute has been raised that Respondent No.8 has not made payment in favour of the workers from whom they have taken work.;